Those who work on or along Louisiana’s roads and highways have a particularly dangerous job. Not only do they have to deal with all the usual hazards of a construction site, they also frequently must work very close to traffic, traffic that sometimes is moving at or close to highway speeds. While Louisiana does have laws that impose heightened punishments on those who speed through work zones, many drivers in this state unfortunately still choose to ignore temporary speed limit signs and fly through construction zones.
When drivers engage in this sort of behavior, or simply pass through a construction zone carelessly and without paying attention, they may wind up striking and even killing a worker. Workers are often seriously injured or die in these sorts of accidents simply because they are unprotected from the blow of a heavy vehicle moving at or close to full speed.
The family of a Louisiana highway worker who dies because of the carelessness of a passing motorist may have a number of legal options available to them. For instance, workers’ compensation benefits may be available. These benefits, helpful though they may be, typically will not cover all economic losses and will certainly not pay for non-economic losses, including emotional losses related to the family’s grief.
However, the family may also be able to pursue a wrongful death case against the negligent motorist. A family is allowed to do this under a theory of third party liability. Pursuing all avenues of compensation may be important for financial reasons. Moreover, to some extent, doing so really is a matter of justice.